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Department of Justice and Community Safety

APPLYING FOR A REAL ESTATE AGENT LICENCE, BUSINESS AGENT LICENCE OR A STOCK & STATION AGENT LICENCE - COMPANY

IS THE COMPANY ELIGIBLE FOR THIS LICENCE?

The Agents Act 2003 and Agents Regulation 2003 determine eligibility for a licence for a real estate agent, business agent and a stock and station agent. You can find the Act and the Regulation on the following website: www.legislation.act.gov.au

Section 24 of the Agents Act 2003 deals with eligibility:

  • At least one director of the company must old a licence of the same kind
  • No director of the company is disqualified from obtaining a licence

Section 27 of the Agents Act 2003 lists those matters that will disqualify a person from being licensed – please refer to the section for full details. This includes bankruptcy and any conviction for an offence involving dishonesty. The statutory declaration for a licence form (Form 09 AG) required to be completed by each director of the corporation will address each of these issues. For the purposes of the statutory declaration "relevant offence" means any offence involving dishonesty, in the ACT or elsewhere.

APPLICATION FORMS

There are a number of forms that must be completed and lodged with the Office of Regulatory Services, Business and Industry Licensing Unit:

  • Application form front page - Form 01 RAC (real estate); Form 01 BAC (business); Form 01 SAC (stock & station)
  • Organisation particulars - Form 05 AG
  • Personal particulars form - Form 06 AG (these also require 2 forms of personal identification - see Infotext G 01)
  • Statutory declaration for an agent licence or salesperson registration - Form 09 AG
  • National Police Check from the Australian Federal police for each Director (including one for the company)
  • Additional particulars (about qualifications, licensed employer and advertisement in newspaper) – Form 20
  • Premises particulars - Form 24 AG (one for each premises you will operate under the licence in the ACT)

Downloads

Real Estate Agent Application Package (Company) - includes all of the above forms plus instructions

Business Agent Licence Application Front Page (Form 01 BAC) - (required if you also wish to register as a business agent)

Stock & Station Agent Licence Application Front Page (Form 01 SAC) - (required if you also wish to register as a stock & station agent)

QUALIFIED DIRECTOR AND LICENSED AGENT IN CHARGE OF PLACE OF BUSINESS

The company must have at least one director who holds a licence of the same kind. The company must also employ, at each place of business in the ACT, an individual who holds a licence of the same kind and who is responsible for the day-to-day management of the place of business.

POLICE RECORDS CHECK

Each director of the company must obtain a National Police Check from the Australian Federal police. You must also obtain a National Police Check for the company. It may take several weeks for you to obtain this report from the AFP.

We will NOT licence you until we have received the police records checks and have determined that the company is eligible for the relevant licence.

If any director has any convictions or finding of guilt in a court, whether Magistrates, Children’s or other courts, recorded against them, whether in the ACT or any other state, territory or country, they must declare these on the police consent form. The rule of "spent convictions" applies. Details of convictions or findings of guilt that have become "spent" will not be provided to us by the Australian Federal Police

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The company must publish a notice of its intention to apply for registration (specifying the licence category or categories), in a daily ACT newspaper, before applying for a licence (see suggested wording for this on the rear of Form 20). You must lodge your application within 10 business days after the notice is published and include a copy of the page on which your notice of intention is published.

The principles of "mutual recognition" of an interstate licence do not apply to a company licence application.

LICENCE CERTIFICATE

A licence will be in the form of an A4 paper licence certificate, showing the company's name, place of business and expiry date.

REGISTRATION FEES

We will advise you about licence fees and the method of payment. We will contact you when the period for objections to be lodged has passed and the Commissioner for Fair Trading has determined your eligibility to be licensed. Registrations expire annually on 30 June.